Legislation

Search OpenLegislation Statutes
This entry was published on 2014-09-22
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 83.11
Taking testimony in another state
Mental Hygiene (MHY) CHAPTER 27, TITLE E, ARTICLE 83
§ 83.11 Taking testimony in another state.

(a) In a proceeding for the appointment of a guardian of the person or
protective proceeding, in addition to other procedures that may be
available, testimony of a witness who is located in another state may be
offered by deposition or other means allowable in this state for
testimony taken in another state. The court on its own motion may order
that the testimony of a witness be taken in another state and may
prescribe the manner in which and the terms upon which the testimony is
to be taken.

(b) In a proceeding for the appointment of a guardian of the person or
protective proceeding, a court in this state may permit a witness
located in another state to be deposed or to testify by telephone or
audiovisual or other electronic means. A court of this state shall
cooperate with the court of the other state in designating an
appropriate location for the deposition or testimony.

(c) Documentary evidence transmitted from another state to a court of
this state by technological means that do not produce an original
writing may not be excluded from evidence on an objection based on the
best evidence rule.